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Those who favor “universal” background checks on gun buyers make some ridiculous arguments. For example, opponents correctly point out that gun buyers with criminal intent will always find channels that require no background check. Gunrunning is among the oldest professions, and the black market will always be with us. Thus the promise of universal background checks -- even if that were a legitimate government activity -- is a fraud, because universality can’t possibly be achieved.

Supporters, however, challenge this argument by contending that it proves too much: If requiring background checks is futile as a crime-fighting measure, they ask, why should we have laws against murder, rape, battery, and robbery? Those laws will never stop everyone from committing a crime, so what’s the point?

This argument is flawed. Let’s remember that the background-check requirement is intended, prophylactically, to keep guns out of the hands of those who would do harm to others. In contrast, the prohibition against murder and other forms of aggression is intended, retrospectively, to legitimate the apprehension and prosecution of people who have committed offenses against person and property. Yes, deterrence is also intended, but the main objective is to permit action after the fact.

Supporters of background checks may respond that a “universal” requirement would permit the government to go after those who have used guns aggressively. But this argument has no force whatever, simply because if someone commits aggression with a gun, the government already has grounds to apprehend and prosecute the perpetrator. What value is there in being able to charge a suspected mass murderer with illegal possession of a gun as well?

The practical argument for mandated background checks depends solely on its potential for keeping guns out of the hands of those who would use them to commit crimes. (However, it would not have stopped Adam Lanza in Newtown or other mass murderers.) On that ground the argument fails, because people with criminal intent will find ways to buy guns that do not require a check. Proponents of background checks seem to think that a government decree will dry up the black market. But why would it? Sales will go on beyond the government’s ability to monitor them. Out of sight, out of government control.

Proponents also mock those who predict that so-called universal background checks will lead to gun registration and confiscation. But this is not an outlandish fear. (The ACLU shares it.) Since guns will continue to be bought and sold without background checks, a national registry is the likely next step in the crusade to deter such transfers. The civil-liberties implications are harrowing.

Thus the case against mandating “universal” background checks withstands scrutiny. This measure would not keep criminally minded people from acquiring guns, but it would give a false sense of security to the public by promising something they cannot deliver. What will the public, which favors background checks, call for after the next atrocity? A total prohibition on guns and confiscation?

While it wouldn't prevent crime, a background-check law could impede persons without criminal intent from obtaining firearms for self-defense. Many law-abiding people don’t buy a gun until they’ve been threatened -- a woman by her estranged husband, for example -- and they will be reluctant to buy one outside the law. (Someone with a conviction for a felony drug charge or other victimless crime cannot legally possess a gun. Why such people should be barred from an effective means of self-defense is a mystery that ought to be explained.)

This criticism of so-called universal background checks demonstrates the futility of the proposal. A more specifically moral (and libertarian) criticism is that mere possession of a firearm entails no aggression whatever, regardless of a person’s background, and therefore should not be prohibited. Government may not properly interfere with someone because he might commit a crime. (Of course businesses owners have a right to deny entry to people with guns -- just as gun owners have a right to patronize other businesses.)

But, some will say, isn’t a requirement for background checks worthwhile if it might save one innocent life? And what if the requirement might cost one innocent life? Is one innocent life more valuable than another?

Sheldon Richman is vice president and editor at The Future of Freedom Foundation (www.fff.org) in Fairfax, Va.

Your Opinions and Comments

Puzzled......According to data on murders in 2009,
an assault rifle would certainly be the preferred
firearm as fewer people were killed with those than
with any other type of firearm. In fact, knives
and other cutting ... More ›

Puzzled......According to data on murders in 2009,
an assault rifle would certainly be the preferred
firearm as fewer people were killed with those than
with any other type of firearm. In fact, knives
and other cutting instruments killed over 5 times
than all type of rifles. Blunt objects and shotguns
also accounted for more deaths than rifles.
Still buying into the hype ?

If 4th Generation were my neighbor, I would hope that a background check would prevent her from buying a gun. As mean spirited as she is, the last thing she needs is a gun...particularly an assault weapon.

Rudy,
Read "The Federalist Papers" and you will see how wrong you are. The founding fathers left us guidelines on how they wanted us to "interpret" the Constitution and Bill of Rights. Your political ... More ›

Rudy,
Read "The Federalist Papers" and you will see how wrong you are. The founding fathers left us guidelines on how they wanted us to "interpret" the Constitution and Bill of Rights. Your political corner seems to conveniently forget that.

Rodolfo.....I just venturing a wild guess that you
might be a Democrat who with your fellow gun control
advocate along with President Obama are responsible for
more gun sales than the TEA types. Keep up the
good work.

Rodolfo...Please point out the difference between
the so called semiautomatic assault rifles and
a semiautomatic hunting rifle. Only a small percentage
of murders had rifles involved. The differences are
mainly cosmetic. ... More ›

Rodolfo...Please point out the difference between
the so called semiautomatic assault rifles and
a semiautomatic hunting rifle. Only a small percentage
of murders had rifles involved. The differences are
mainly cosmetic. Giving government access to mental
health files would violate the 4th amendment and current
regulations pertaining to privacy of medical records.
Publicus.....The licensed gun dealers at gun shows must
do a background check. They account for the majority
of sales at gun shows. The new law would require private
sellers at gun shows to have one of the licensed (for a fee) dealers do a background check prior to a sale. Hope this clears up your question. Private gun sales
at gun shows are a very small portion of the sales
volume. Much ado about nothing. Guess what, requiring
private sellers to do background checks will only
result in the seller and buyer meeting some place
else.

I bought a gun at a gun show in San Antonio several years ago. They did a background check before I could get the gun. Sounds like they already do background checks at gun shows. Gun dealers also do background checks. This is ... More ›

I bought a gun at a gun show in San Antonio several years ago. They did a background check before I could get the gun. Sounds like they already do background checks at gun shows. Gun dealers also do background checks. This is all a big load of BS.

Any weapon, gun, knife, baseball bat, anything used to assault someone is an assault weapon. Weapons used in war, true assault wepons, are capable of fully automatic fire. It is already against the law for the general public ... More ›

Any weapon, gun, knife, baseball bat, anything used to assault someone is an assault weapon. Weapons used in war, true assault wepons, are capable of fully automatic fire. It is already against the law for the general public to own these types of weapons. So Rodolfo, with all due respect, you do not know what you are talking about. The gun ban crowd has purposley confused the issue by mis-labeling many types of non-military guns "assault" weapons when they are no such thing. The other day I heard a liberal air-head news commentator describing a 22 calibre semi-automatic rifle as an assault rifle. The problem is that dummies that really know nothing about the subject continue to spout the liberal talking points like the lemmings they are. None of the proposed changes to the law would have prevented any of the tragic shootings. The federal government does not prosecute those violating current gun law as they should, so what good will new laws, that violate the 2nd Amendment, do? Futhermore, consider that all the cited shootings occured in gun free zones. Also consider they were all committed by liberal Democrats. I think we should outlaw gun free zones and liberal Democrats and really solve the problem.

Rodolfo,
"Locks are put on doors and gates to keep honest people honest"
If there were a law to determine who should own a gun, you would be the first one I would disqualify with that moronic statement. Locks ... More ›

Rodolfo,
"Locks are put on doors and gates to keep honest people honest"
If there were a law to determine who should own a gun, you would be the first one I would disqualify with that moronic statement. Locks on door are to keep decent people basically secure.
Under your definition, a Christian would always have to sit in a church to remain and Christian or a truck driver would always have to sit in his truck to remain a truck driver.
The remainder of what you wrote from then on is meeaingless. It's like 'jacks or better to open, trips to win' in poker, once you're out you're out!
Otherwise, have a nice day!

Locks are put on doors and gates to keep honest people honest. Criminal types will always go against the norm or law to get what they want. You 2nd amendment rights have never been abridged, taken away, but merely enforced. Place ... More ›

Locks are put on doors and gates to keep honest people honest. Criminal types will always go against the norm or law to get what they want. You 2nd amendment rights have never been abridged, taken away, but merely enforced. Place yourself in the shoes of those who lost children in the mass shooting in Newtown and feel the pain they feel. Multi-round clips, semi-automatic weapons and assault type weaponry has no place in our society stateside. In a war, absolutely, as that is what these types of weapons were designed for. Enhanced background checks and enhanced procedures for background checking for mental illness or criminality is "Common sense' and should be allowed. All the loopholes which allow criminal types to arm themselves with large capacity clips and assault weapons is feeding into the NRA and weapon-ization of our culture. The first Amendment to "Life, liberty and the pursuit of happiness" trumps the second when it hits in your state, county, community, church or home. Citizens should have the right to bear arms for protection and defense. Assault weapons of any type or caliber are for war! Speaking of common sense, why are the Senators in Washington filibustering a vote on "background checks?" The NRA has threatened congress-people repeatedly and gained too much control over our nation. It's time to end that! TEA-types have taken over some localities and some states and thus control money and structure to inhibit or deny your vote! If you are tired of the stalemate in Washington, get involved, get registered and be sure to vote! Make yourself noticed in 2014, 2016 and 2018 by pushing voters to the polls. The 2014 Mid-term is a-coming! Get registered and V.O.T.E.(Vote Out The Encumberances)